If, after investigating a member's complaint, you find there is a basis for a grievance, either because of a clear-cut contract violation or a disputed interpretation, the steps in the grievance procedure (Article 8) may begin.

Remember your rights as a YUSA Steward under Article 7.04. You may meet with the grievor during normal working hours to discuss the circumstances, if the grievor has the permission of their supervisor. It's more likely that you, and not the grievor, will need some time off work in order to meet at a time and place convenient for the grievor.

Sometimes you should instruct the member to document events over some time before filing a grievance. Most of the time, though, it will be essential to act as soon as the employee becomes aware of a problem, or reasonably ought to have been aware of a problem, in order to keep within any time limits. Explain to the member at once that, even though they may have a grievance, it can be filed only within that time limit and a decision must be made about it quickly. Inform the Grievance Committee Chair about a possible grievance coming up.

Once a grievance gets under way, the Steward has to get the complete story. This is not as easy as it sounds. There is seldom much real documentation available, and a member's thoughts may be clouded by their feelings. When examining the facts, always give the member the benefit of the doubt. Even so, we cannot always take everything they say on faith. Sometimes they forget important details, withhold pieces of information, and interpret facts in a way that suits them. That's why it is so important to dig, check for all angles, re-check, and ask questions.

For example, you may have to investigate a job posting grievance. The grievor may think that they are qualified, and reject your attempts to confirm their qualifications against those posted. Explain that it will be you, the Steward, who must present the argument to the Employer at Step 3, and that the more information you have the more comfortable you will feel. Probe them on their qualifications in relation to posted requirements, and keep returning to the phrase, "skill and demonstrated ability."

Stewards, however, are not Employment Counsellors. We do not sit in judgement on YUSA members, deciding whether they are the "best person" for the job. If a member comes to us with a grievance, is senior to the successful applicant and seems to meet the posted qualifications, we must give them the benefit of the doubt. It is up to Human Resources to prove that they are not qualified, or that the successful applicant is "head and shoulders above" the grievor with respect to "skill and demonstrated ability.'

All grievances which do not start at Step 3 must start with an 8.02 meeting. (It is still preferable to hold an 8.02 meeting for a group grievance, if possible.) One of the reasons for the "8.02" is to clarify the situation, make sure that everybody is talking about the same thing and the problem is not just a "failure to communicate". Either the grievor or a Union Steward may request the meeting. Only after this meeting may the formal grievance be filed.

There are other possible uses for an 8.02 meeting. In a sense, it is the clause that ensures our right to call a meeting and get a response on any matter relevant to the Collective Agreement or conditions of work. If the grievor is unhappy with the response, and there has been a violation of the Agreement, the 8.02 allows us to go on and file a grievance.

Take care when wording the grievance on the form. Draft what you think should go in each of the sections of the form then discuss the draft with the President or Chair of Grievance. Come into the YUSA office, get a case number and ask that a grievance form be drawn up (we have both a manual and a computer merge version of the form).

Certain phrases must be included under "Relief Sought" and "Clause(s) of Agreement Violated" and there is standard wording YUSA uses for job posting grievance forms. Grievances have been lost on technicalities and the difference between "winning" and "losing" may depend on the completeness and accuracy of the form. At the very least, embarrassment will result if an error or omission on the form is mentioned at the beginning of a hearing.

In many grievances there are what we call "affected parties" who are also members of the Union. For example, if scheduling conflicts in the distribution of overtime were not decided by seniority, another one of our members may have benefited from management's violation of the Agreement. In job posting grievances there is usually someone who was placed in the job, and will be affected by the outcome of the grievance. (We will say more about the "successful applicant" in posting grievances later). Stewards must understand that they have a responsibility to keep affected members informed, to listen to their concerns (or have them heard by another Steward), and never to treat them as the "enemy" just because they enjoy the rewards of a management decision. As much as possible, we will try to work out a settlement which addresses their situation as well.

At every step in the grievance procedure have the grievance form date stamped or initialled to confirm receipt by a management representative at that level. Make a copy of the form and have it stamped at the same time. Return all copies to the files. Make every effort to give the grievance form to the manager named, or another P&M. You cannot just give it to anyone and hope that it will be treated as received. Think of it as a legal document, or the sort that would normally be sent by registered mail. Avoid disputes about technicalities by doing it right!

It is always possible to settle a problem through meetings at steps 1 or 2, though the Contract does not require meetings to be held at these levels. If a grievance is settled at either Step 1 or Step 2, make sure that the Contract is observed, that the grievor gets what they wanted, or at least what they can live with.

Some grievances are initiated by the Union, rather than by individuals or groups of employees. These are known as "Policy Grievances." A Policy Grievance usually involves one of two types of problems:

• it may involve a question of general application or interpretation of the Collective Agreement, affecting many or all those covered by it;
• there may be a violation of one of those sections of the Contract that only affects the Union as a whole, such as exclusions from the bargaining unit. The Grievance Committee initiates policy grievances.

Where grievances have been filed at step 3, the Department of Human Resources will notify the YUSA office of scheduled meetings. It is your job to inform affected parties, including the grievor, and to prepare an argument. The Employer will bring managers and Human Resources staff. We will come with the grievor, their Steward, a Union Officer (usually the President) and a second Steward. There are certain things to remember when presenting a Step 3 grievance.

• Be well prepared. Make sure you've done your homework and have all the facts at hand. It's easier to be calm and in control of the situation when you're prepared. Anticipate the position that will be taken by the Employer, at least in its broad outline. If it is a job posting grievance, have the grievor ask the Employment Counsellor involved in the application why they didn't get the job. If there was an 8.02 meeting, the immediate supervisor will have told you how they feel about the matter. Because departmental people are often the only source of information for the Employer, what you have already been told will probably come back to you in some new way. Have a detailed response ready for the most likely arguments Human Resources will make.
• Don't walk in assuming that the Employer has no case and is just being stubborn. One of the reasons for a Step 3 meeting is to get information about why management made the decision they made. Is there something they know that you don't know? Do they have a detailed rationale? Are they trying to be firm on a broad point of principle, or just automatically backing a departmental manager who is in the wrong? Assume that you are there to convince the Manager of Labour Relations of the facts of the situation. That's not what the meeting is for - we are there as equal parties, after all - but it is a good way of preparing. Provide the other side with as much information as possible, with examples, references to job descriptions, to departmental practice, and so forth.
• Don't take the process personally. You are there to give the Union's position on the matter and to speak for one of our members. The Manager of Labour Relations is there to represent the Employer. State the facts as you see them. Feel free to use formal language like, "it is the Union's position that the grievor is qualified." Avoid any rhetoric about fairness, or discrimination, unless those words are used in the articles of the Contract we believe have been violated. Unsubstantiated statements won't impress anyone.
• Brief the grievor thoroughly about the process and make sure they understand the format before the meeting starts. The grievor may answer questions on their own behalf. They should understand what you are saying and listen carefully to both sides. They are going to be the first to note omissions, errors, and outright falsehoods. Listen to what they have to say during caucuses, and work it into what you say when you reconvene.

A caucus is a break during which the two parties go to separate rooms to discuss something among themselves. A request for a caucus may be made by either side at any point during the proceeding. A caucus is usually sought when serious or previously unknown facts are discovered, when an opportunity to think and regroup is needed, or when you have exhausted a line of argument and think it might sink in better if they were to go and have a caucus of their own. However, it is not done often or for unimportant reasons.

If you are asked to attend a step 3 meeting as a Second Steward, your main role is to listen to the Employer's position, take notes as best you can, and participate in the caucus discussion of the matter at hand. Your notes need not be perfect, or typed, just legible and as complete as possible. They will be kept in the grievance file for future reference.

When presenting a grievance, some people feel most at ease talking, more or less in an unrehearsed way, using an outline or notes on the various points to be made. Others prefer to read from a prepared argument, in order to ensure they omit nothing of importance. Either is acceptable.

Emotional pleas work sometimes, and may tip the balance when the cause warrants it. There is nothing wrong with showing a little passion now and then, if it's genuine. Sometimes it's even necessary. Don't be predictable. If you are consistently factual, and then suddenly you make an emotional plea, you may wake them up. Sincerity never hurts a cause.

Occasionally at a grievance hearing an alternative or compromise solution to the problem will be suggested either by the Employer or by us. (Sometimes we know we can't get the actual "Relief Sought" and are willing to settle for something else.) Ask for time out for a caucus. If the solution seems reasonable and the grievor is satisfied, acceptance is in order. A decision is not necessarily required on the spot, though the Employer might like an indication of the Union's position before adjourning the meeting. A memorandum detailing the agreement must be exchanged between the Manager, Labour Relations, and the Union President after YUSA's receipt of the response to the Step 3 meeting. A settlement must never be made behind the grievor's back.

Two points should be stressed that apply throughout this whole grievance process, from the initial interview with the member to the final stage:

• Take notes at all meetings and submit them to the YUSA Office for filing. When taking notes pay special attention to statements of the Employer's position. Note the main details and arguments that we presented. These notes may be our only record if someday we have to look back to see what happened in similar situations in the past. They will also be useful if the matter goes to arbitration.
• Always keep the grievor involved. The grievor has to be taken through all the steps of the grievance, and has to be kept up to date on any developments and decisions taken at any level. This is vital for good representation. Sometimes a large amount of work on everybody's part can go completely unappreciated, because the Union neglected to involve the grievor in the decisions along the way. The grievor also has the right to bring charges against the Union if they feel we have acted in bad faith or in an unfair or arbitrary manner.

Section 68 of the Ontario Labour Relations Act imposes on the Union the duty not to act in a manner that is arbitrary, discriminatory or in bad faith in the representation of employees in the bargaining unit. This doesn't mean we have to take every grievance forward to arbitration or that we cannot bargain a clause which affects sections of our membership differently. It just means that we have to think about the merits of the member's complaint, investigate and consider evidence, and come to a decision which we can justify in light of the information available to us. We are allowed to make mistakes, but are not allowed to exhibit such an uncaring or discriminatory attitude that we are negligent in our duties as Union representatives. Be aware of the dangers of upset members laying charges. If you thoroughly investigate grievances, keep the grievor informed, and maintain records of all steps of the investigation and grievance process, there should be no grounds for a complaint.

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